RANCHI, India, June 6 -- Jharkhand High Court issued the following order on May 6:

1. Heard learned counsel for the parties.

2. The present writ application has been preferred by the petitioner praying therein for the following reliefs:-

(a)For quashing of the L.T.R.D.O. No. 710/2008 dated 09.06.2008 issued under signature of Superintendent of Police, Latehar whereby and whereunder without furnishing the show cause notice as well as without considering the report of the enquiry office vide Memorandum-205(A)/07 dated 18.04.2007, an ex-parte order has been passed which is the gross violation of principle of Natural Justice and, Petitioner has been inflicted with punishment of stoppage of one year increment which is equivalent to of 1 "Black Mark".

(b)For further quashing of L.T.R.D.O. No. 101/2010 dated 20.01.2010 issued under signature of Deputy Inspector General of Police, whereby and whereunder appellate authority dismissed the appeal application without considering the relevant fact and supporting documents that Petitioner had actually informed the concerned authority about the reasons for his alleged delay of 40-45 minute.

(c)For commanding upon the respondent to pay the entire consequential benefits to the Petitioner.

3. The brief facts of the case as per the pleadings are that the petitioner was appointed in the State Police Service in the year 1994 and was posted as Sub-Inspector at Dumka from the year 1995 to 2004. While petitioner was posted in the District of Latehar from 2004 to 2007, a Memorandum of Charge in Form-K vide Resolution No. 1055 dated 24.04.2006 was issued against him. In the Memorandum of Charge, only allegation levelled against the petitioner was that while he was posted as In-Charge Officer of Balumath Thana, an incident of kidnapping of one Lal Santnath Shahdeo took place on 04.04.2006 at about 10:00 P.M., but, despite having received information regarding the same, petitioner along with police team reached crime spot after a delay of 40-45 minutes. On the basis of above charges, departmental proceeding was initiated against petitioner.

4. The enquiry officer i.e. Sub-Divisional Officer, Barwadih vide Memo No. 025(A)/07 dated 18.04.2007 submitted its enquiry report and exonerated the Petitioner of the charges. The enquiry officer clearly held that it was not possible for petitioner and/or its team in the night to reach to the crime spot in a short time of 10 to 15 minutes, especially when there was information regarding presence of Naxalities at crime spot in huge number, as the Petitioner was required to have adequate police force backup to reach at the spot. In view of the said facts, a finding was rendered that Petitioner cannot be held guilty of dereliction of duty.

However, disciplinary authority i.e. Superintendent of Police, Latehar passed impugned order being L.T.R.D.O. No. 710/2008 dated 09.06.2008 imposing punishment of stoppage of one increment which is equivalent to one 'Black Mark' upon Petitioner. Petitioner preferred an Appeal before Deputy Inspector General of Police against the said order of punishment, but the Appeal was dismissed vide order being L.T.R.D.O. No. 101/2010 dated 20.01.2010.

Against the said order, petitioner preferred Memorial-cum-Review Application before Deputy Inspector General of Police but the same has been held as not maintainable vide order dated 25.10.2024. It is in the aforesaid factual background that present writ application has been filed.

5. Mr. Sumeet Kumar Gadodia, assisted by Mr. Akash Deep, learned Advocate, vehemently submitted that Disciplinary Authority has not differed with the findings of the Inquiry Officer and straightaway the order imposing penalty of withholding one increment including black mark was passed, which is completely contrary to the service jurisprudence.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqFQMGEjZAlZayyddOO7KT8u2Lsf2TSTBUXYPMpHhemag&caseno=WPC/1718/2025&cCode=1&cino=JHHC010443042024&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.